R82. Alcoholic Beverage Control, Administration.
R82-9. Event Permits.
R82-9-101. Authority and Purpose.
(1) Pursuant to Subsections 32B-2-202(1)(c)(i) and 32B-2-202(1)(n), and 32B-9-201(1), this rule establishes procedures and criteria for issuing and denying event permits in accordance with Title 32B, Chapter 9, Event Permit Act.
R82-9-102. Definitions.
(1) For purposes of Subsection 32B-9-303(2)(a), "Conducting" means managing, controlling, hosting, or directing an event. An applicant may be deemed to be conducting the event if there is a contract in which the applicant has been designated as the agent for the event's alcoholic beverage service.
R82-9-201. Application Requirements.
(1) The director will not consider an event permit application until the requirements of Sections 32B-1-304, 32B-9-201-203, 32B-9-304 and 32B-9-405 have been met, including:
(a) A complete application including all documents and supplemental materials listed on the department's application checklist has been submitted to the department one month prior to the event; and
(b) the department has conducted an investigation in compliance with Subsection 32B-9-202(1)(a).
(2) A late application will be accepted up to seven business days prior to the event. A late application will be reviewed as time allows and is not subject to the provisions in Subsections R82-9-201.1(1)(ii) and R82-9-201.1(1)(iii).
(3) For purposes of Subsection 32B-2-201(2), a substantial change in an event application means a modification that seeks to alter the number of attendees, location, control measures, or any other substantive detail beyond changing the date of the event.
R82-9-201.1. Guidelines for Issuing Permits.
(1) Once submitted to the director, the application will be considered in accordance with Sections 32B-9-202, 32B-9-303, and 32B-9-403, including consideration of Section R82-9-202.
(i) After consideration of the totality of the circumstances, the director will either issue a preliminary decision to issue or deny the event permit or refer the application to the commission in accordance with Subsection 32B-9-202(3).
(ii) If the director issues a preliminary decision to deny issuance of an event permit, the decision shall be provided in writing detailing the basis for the denial.
(iii) An applicant may submit a request for review by the commission within the time limits of Subsections 32B-9-202(3)(b) and 32B-9-202(3)(c) related to the three business day review period and regularly scheduled commission meetings. If at least three commissioners request review of the denial in compliance with Subsections 32B-9-202(3)(b) and 32B-9-202(3)(c), the commission shall review the request at its next regularly scheduled commission meeting.
(2) In accordance with Subsection 32B-9-202(2)(d), the director may authorize multiple sales outlets on different properties under one single event permit, provided that each site conforms to location requirements of Subsection 32B-9-201(4).
(3) Any approval, notification, request for a meeting, or requirement to inform under Section 32B-9-202 shall be done electronically.
R82-9-202. Additional Consideration for Event Permits.
(1) In accordance with Subsection 32B-9-303(2), a single event permit is issued to entities in existence for a year or more conducting a convention, civic, or community enterprise.
(a) As part of local consent required by Subsection 32B-9-201(1)(c), the locality may provide a recommendation as to whether the entity is conducting a civic or community enterprise.
(b) The director may consider the recommendation of the local authority in determining whether the entity is conducting a civic or community enterprise.
(c) Notwithstanding Subsection (1), an event permit may not be issued if, based on the totality of the circumstances, it is determined that the permit is being used to circumvent other applicable requirements of Title 32B, Chapter 9, Event Permit Act.
(2) In accordance with Subsection 32B-9-202(2)(d), in considering the nature of the event, if there is a violation of the applicant, the event, or the venue within the last 36 months, the director will consider the violation history in making a determination regarding whether to issue the permit or in determining additional controls as outlined in Section (3).
(3) In accordance with Subsection 32B-9-202(2)(d), in considering the nature of the event, the director must determine that adequate and appropriate control measures will be in place to minimize the possibility of minors being sold or furnished alcohol or adults being over-served alcohol at the event.
(a) The director may not issue an event permit unless the applicant demonstrates the following control measures will be implemented at the event:
(i) the event will have at least one location where an individual must show proof of age prior to purchasing an alcoholic beverage;
(ii) each individual assigned to check proof of age will have completed the alcohol server training seminar outlined in Section 62A-15-401 within the last three years prior to the date of the event;
(iii) one or more individuals who have completed the alcohol server training seminar outlined in Section 62A-15-401 within the last three years will be required to supervise each location where an alcoholic beverage is sold or dispensed;
(iv) the event will be secured and delineated by a physical structure such as by a fence, wall, or gate, and secured entryways and exits;
(v) security will be provided by one or more individuals for every 50 individuals estimated to be in the consumption area at one time, which may be provided by a police officer, hired security guard, organization staff member, or security volunteer.
(b) In accordance with Subsection 32B-9-202(2)(e), the director may not issue an event permit unless the applicant demonstrates the following additional control measures will be implemented at an outdoor public event or a large-scale public event where minors are present:
(i) any alcoholic beverage shall be served in readily identifiable cups or containers distinct from those used for non-alcoholic beverages;
(ii) dispensing and consumption of alcoholic beverages shall be in a designated, confined, and restricted area where minors are not allowed without being accompanied by a parent or guardian, and where alcohol consumption is closely monitored;
(iii) a location where an individual must show proof of age prior to purchasing an alcoholic beverage shall be separate from an alcoholic beverage sales and dispensing location; and
